New Mexico Statutes 32A-1-9. Venue and transfer
A. Proceedings in the court under the provisions of the Children’s Code shall begin in the county where the child resides, or in the case of an eligible adult pursuant to the Fostering Connections Act [N.M. Stat. Ann. Chapter 32A, Article 26], where the eligible adult resides. If delinquency is alleged, the proceeding may also be begun in the county where the act constituting the alleged delinquent act occurred or in the county in which the child is detained. Neglect, abuse, family in need of court-ordered services or
Terms Used In New Mexico Statutes 32A-1-9
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
mental health proceedings may also begin in the county where the child is present when the proceeding is commenced. A transfer may be made if the residence of the child or eligible adult changes or for other good cause.
B. In neglect, abuse, family in need of court-ordered services or adoption proceedings for the placement of an Indian child, the court shall, in the absence of good cause to the contrary, transfer the proceeding to the jurisdiction of the Indian child’s tribe upon the petition of the Indian child’s parent, the Indian child’s guardian or the Indian child’s tribe. The transfer shall be barred if there is an objection to the transfer by a parent of the Indian child or the Indian child’s tribe.